Today, India celebrates love with no boundaries!
A law that was indiscriminatory, unjustified and obstructive to the notion of EQUALITY holds true no more! Yay. After 71 years of independence, a community long suppressed, finds freedom and equality! 🏳🌈
Read here the Explainer about Section 377 and its journey from imposition to abolition :
WHAT IS SECTION 377 ?
Section 377 refers to ‘unnatural offences’ and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.
DELHI HIGH COURT’S VERDICT 2009
Naaz Foundation, which had in 2001 approached the Delhi high court which had decriminalised sex between consenting adults of the same gender by holding the penal provision as “illegal”. This 2009 judgement of the high court was overturned in 2013 by the apex court which had also dismissed the review plea against which the curative petitions were filed which are pending.
The apex court had commenced the hearing on the fresh writ petitions challenging re-criminalisation of consensual gay sex between two adults, rejecting the Centre’s plea seeking postponement of the proceedings by four weeks.
It had in 2013 restored the criminality of the sexual relationship between persons of the same sex, after the Delhi High Court had decriminalised it in 2009. At the outset of the hearing, the five-judge bench on July 10 had made it clear that it was not going into the curative petitions and would adjudicate on the fresh writ petitions in the matter.
SUPREME COURT’S VERDICT 2018
The judgement, by a Constitution bench of the country’s top court, has defanged the British-era of the Indian Penal Code (IPC), which deemed that Gay sex is a punishable offence. Now, it is no longer an offence under Section 377 to engage in consensual gay sex in private.Thursday’s judgement heralds a new dawn for personal liberty and is a major victory for the LGBTQ (lesbian, gay, bisexual, transgender) community that has been fighting hard and persistently to legalise gay sex. The law must be interpreted as per the requirement of changing times said the supreme court in it’s judgement today. Section 377 is irrational, arbitrary and incomprehensible as it fetters the right to equality for LGBT community. LGBT community possesses same equality as other citizens these were the words of CJI Dipak Misra.
What society thinks, the judges said, has no say when it comes to people’s freedoms.
“Social morality cannot violate the rights of even one single individual,” said CJI Misra and Justice Khanwilkar.
Society owes an apology to the LGBTQ community for keeping it enclosed within the restricted area of society.
Celebrate this much awaited freedom of Love and respect. BECAUSE LOVE FOR ALL AND ALL FOR LOVE